International Journal of Research and Innovation in Social Science (IJRISS) | Volume VI, Issue VII, July 2022 | ISSN 2454–6186
Dimensions of National Law Development in Indonesia
Achmad Irwan Hamzani1, Mukhidin1, Kanti Rahayu1, Sanusi1, Kus Rizkianto1,
Nur Khasanah2, Havis Aravik3
1Faculty of Law, Universitas Pancasakti Tegal, Indonesia
2Faculty of Education, Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan, Indonesia
3Departement of Islamic Economics, STEBIS IGM, Indonesia
Abstract: Legal development is a necessity for the Indonesian people. Having its product law becomes the identity of a free nation. The original Indonesian law will later become a national law that is free from colonial legal products. This study aims to describe the terminology of legal development and reform and the urgency of developing a national criminal law in Indonesia. The results of this study indicate that legal development is synonymous with legal reform. Legal development is an inseparable part of national development. Integrating and synergizing with other fields such as politics, economy, society, environment, and security in legal development is necessary. Legal development must be sustainable and well planned. Legal development can also mean legal reform which includes updating existing or outdated legal provisions and creating new laws needed to meet the demands of developments that occur in society. The implementation of legal development is not only limited to statutory regulations but also leads to a legal system such as the development of legal materials, institutional development and law enforcement, development of legal services, and development of public legal awareness. These elements influence each other, and the law must be built simultaneously, synchronously, and integrated. The development of criminal law for the Indonesian nation is very urgent because as an independent nation it does not yet have its criminal law system. The current criminal law system is the Dutch colonial legacy legal system.
Keywords: legal development, criminal, Pancasila, identity, Indonesia
I.INTRODUCTION
Legal development is a necessity for a nation, especially for a nation that has been freed from colonialism like Indonesia. As an independent nation, of course, we do not want to continue in the shadow of the invaders. Having its product law is also a free national identity.
It is a natural thing that legal development is one of the problems that often becomes a long discussion among legal experts in Indonesia. This is because legal development is the entry point for the emergence of original Indonesian law, or based on local wisdom in it. The original Indonesian law will later become a national law that is free from colonial legal products.
So far, there have been unequal perspectives and alignments with the essence of law in Indonesia, which still inherits colonial law. The Indonesian nation certainly has benchmarks